MINOR PARTICIPANT RELEASE

Assumption of Liability, Waiver and Release

This Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement (“Release”) is made and provided by the person signing below.

Acknowledgement and Assumption of Risk. I am the parent or legal guardian of the minor identified below (the “Minor”) and sign this Release to bind myself and the Minor.  I understand (i) that the sport of curling is played on ice and requires physical fitness; (ii) I, the Minor, or both of us may be in close proximity to others with a risk that the Minor and/or I could be exposed to communicable disease while on or about the ice or other areas of the CCA Facility (defined below); and (iii) there is a risk that the Minor and/or I could suffer serious illness, injury or death as a result of participating in curling or related activity. I represent and agree that the Minor possesses the necessary physical fitness, and I understand and assume, on behalf of myself and the Minor, all risks associated with attending or participating in curling and related activity at the premises owned/leased and operated by Charlotte Curling Association (“CCA”) located at 6525 Old Statesville Road, Charlotte, NC 28269 (the “CCA Facility”).

Release from Liability. In consideration of the Minor being allowed to participate in curling or other activity or programs at the CCA Facility, I, for myself and the Minor, and for our respective estates, successors, assigns, heirs, beneficiaries, administrators, executors, trustees, and representatives do waive, and release and forever discharge (i) CCA, (ii) Grand National Curling Association (“GNCC”), (iii) the United States Curling Association (“USCA”), (iv) the respective successors and assigns of each of CCA, GNCC and USCA, (v) the respective employees, officers and directors of each of CCA, GNCC and USCA, but only while acting in their capacity as such, and (vi) individuals providing curling instruction or training at the CCA Facility (each individually a “Party” and together the “Parties”) from any and all actions, suits, causes of action, claims, demands, damages, judgments, expenses and liabilities, including without limitation attorneys fees and expenses of litigation, in law or equity, for illness, personal injury, death or property damage arising from or related to the Minor’s participation in curling or other activity or programs in or about the CCA Facility, or otherwise conducted by CCA, and/or from my presence in or about the CCA Facility, prior to the Expiration Date. “Expiration Date” means the date which is one (1) calendar year after the date this Release is signed. I, FOR MYSELF AND THE MINOR, VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO ENTRY ONTO OR NEAR THE CCA FACILITY AND PARTICIPATION IN CURLING OR OTHER ACTIVITY OR PROGRAMS, INCLUDING THE RISK OF INJURY, DEATH OR PROPERTY DAMAGE.

Covenant Not to Sue. I agree, for myself and the Minor, and each of our respective heirs and legal representatives not to sue the Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Parties which I, or the Minor, or each of our respective heirs or legal representatives may have as a result of any personal injury, death or property damage I, or the Minor, may sustain while on the CCA Facility or participating in curling or other activity or programs. Indemnification. I, on behalf of myself and the Minor, hereby agree to defend, indemnify and hold harmless the Parties from and against any third party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of my involvement, or the Minor’s involvement, in curling or related activity or my use, or the Minor’s use, of the CCA Facility, whether caused by negligence of the Parties or otherwise.

No Duty to Supervise. I acknowledge and agree that I am aware that the Parties have no duty to supervise the activities of any participant or spectator, or any other person within the CCA Facility. The Parties assume no responsibility or liability for the acts or omissions of any such persons.

Publicity. With respect to the use of the Minor’s image, likeness and voice:  (i) I understand that the CCA Facility contains video equipment which may be operating and broadcasting or streaming at any time; (ii) I understand that CCA may photograph or capture video of participants involved with or participating in curling, related activity or other programs in the CCA Facility; (iii) I license and consent to CCA capturing, storing, exhibiting, publishing, broadcasting, streaming, posting and otherwise disseminating the Minor’s image, likeness and/or voice and further license and consent to CCA utilizing the Minor’s image, likeness and/or voice in social media and in connection with CCA marketing, advertising, promotions or publicity; and (iv) I waive and relinquish any right or claim of myself or the Minor to royalties or any other payment in connection with any of the actions described items (i), (ii), and (iii) of this section.

Communicable Disease. I, on behalf of myself and the Minor, agree to strictly follow all rules and procedures from time to time established by CCA to reduce the risk of exposure to communicable diseases.  I also understand that there is no guarantee that rules or procedures adopted and applied by CCA in an effort to reduce the risk of exposure to COVID-19 and other communicable diseases will fully protect me, or the Minor, against the transmission of such diseases.

Governing Law and Venue. This Release will be governed by and interpreted in accordance of the laws of the State of North Carolina, without giving effect to the principles and conflicts of law of such state. I agree that any action arising out of this Release must be brought exclusively in any state or federal court located in Mecklenburg County, North Carolina.

Waiver. No waiver of any term or right in this Release shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision in this agreement shall not be constructed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Release thereafter.

Survival. Any provision of this Release providing for the performance by either party after termination of this Release shall survive such termination and continue to be effective and enforceable.

Compliance with Laws. In the performance of the terms of this Release, use of the CCA Facility and participation in curling or other related activity or program, the parties shall comply with all applicable federal, state, regional and local laws, rules and regulations.

Severability. If any provision or portion of this Release shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.

Entire Agreement; Modification; Binding Effect. This Release is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This Release shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties. I

HAVE READ THIS RELEASE.  I UNDERSTAND I GIVE UP LEGAL RIGHTS ON BEHALF OF MYSELF AND THE MINOR BY SIGNING THIS DOCUMENT.